| DAY WHOLESALE, INC. AND SCOTT B. MAYBEE V THE STATE OF NEW YORK, ANDREW M. CUOMO AS ATTORNEY GENERAL OF THE STATE OF |
| Motion No: CA 09-02249 |
| Slip Opinion No: 2010 NY Slip Op 69816(U) |
| Decided on April 20, 2010 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-02249
| DAY WHOLESALE, INC. AND SCOTT B. MAYBEE,
PLAINTIFFS-RESPONDENTS, V THE STATE OF NEW YORK, ANDREW M. CUOMO AS ATTORNEY GENERAL OF THE STATE OF NEW YORK,
ROBERT L. MEGNA, AS COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, ELIOT SPITZER, AS FORMER ATTORNEY
GENERAL OF THE STATE OF NEW YORK, AND DAVID WEINSTEIN, AS FORMER ASSISTANT ATTORNEY GENERAL,
DEFENDANTS-APPELLANTS. |
Appellants having moved for a third extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 27, 2009,
Now, upon reading and filing the affirmation of Robert M. Goldfarb, Esq. dated March 24, 2010, the notice of motion with proof of service thereof, the affirmation of Margaret A. Murphy, Esq. dated April 9, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered January 25, 2010 is hereby amended by deleting the date March 26, 2010 and inserting in its place the date June 21, 2010.
Memorandum: No further extensions to perfect will be granted.
Entered: April 20, 2010
Patricia L. Morgan, Clerk